Case: 22-60011 Document: 00516355069 Page: 1 Date Filed: 06/13/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 13, 2022
No. 22-60011
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Landon Marquale Dupree,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:19-CR-261-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
Landon Marquale Dupree, federal prisoner # 21877-043, was
convicted in 2021 of possession with intent to distribute five grams or more
of methamphetamine and was sentenced to 189 months of imprisonment
followed by eight years of supervised release. He now appeals the district
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 22-60011 Document: 00516355069 Page: 2 Date Filed: 06/13/2022
No. 22-60011
court’s denial of his motion for compassionate release under 18 U.S.C.
§ 3582(c)(1)(A)(i), which he argued was warranted based on his health risks
in light of the COVID-19 pandemic.
Section 3582(c)(1)(A)(i) allows a district court to reduce a
defendant’s term of imprisonment if, after considering the factors set forth
in 18 U.S.C. § 3553(a), the court finds a reduction to be consistent with
applicable policy statements from the Sentencing Commission and justified
by “extraordinary and compelling reasons.” § 3582(c)(1)(A)(i). In this case,
the district court concluded that even if Dupree’s health conditions
constituted extraordinary and compelling reasons for a sentence reduction,
the § 3553(a) factors did not warrant a reduction because he had been
convicted of a serious drug crime and disregarded the safety of the public and
law enforcement “when he ran stop signs and forced drivers to leave the
roadway.” The district court also reasoned that Dupree had a prior
conviction for drug distribution and other crimes over the years.
The presentence report was based on police reports and officer
statements and supports the district court’s findings; Dupree did not rebut
these facts or demonstrate their unreliability. See United States v. Harris, 702
F.3d 226, 230 (5th Cir. 2012); United States v. Trujillo, 502 F.3d 353, 357 (5th
Cir. 2007). Although the district court found that Dupree caused cars to
leave the road, whereas the PSR stated that he nearly caused cars to leave the
road, Dupree has not demonstrated clear error in the finding that he
“disregarded the safety of law enforcement and the public” when he fled
police at a high rate of speed, ran several stop signs, and endangered nearby
motorists and pedestrians. See United States v. Chambliss, 948 F.3d 691, 693
(5th Cir. 2020).
The district court, after considering the § 3553(a) factors in
determining whether relief was warranted and determining that a sentence
2
Case: 22-60011 Document: 00516355069 Page: 3 Date Filed: 06/13/2022
No. 22-60011
reduction would be inconsistent with those factors, did not abuse its
discretion by denying Dupree’s motion for compassionate release. See id.
Dupree’s implicit disagreement with the district court’s weighing of the
§ 3553(a) factors is not sufficient to show an abuse of discretion. See id.
The district court’s judgment is AFFIRMED.
3